Anuradha v. Mohandas, [Transfer Petition 702 of 2015]
The Petitioner got married to the Respondent in 2010. The Petitioner was a divorcee. It was a love marriage.
In 2015, the Respondent filed for a decree of divorce before The Family Court, Bombay. The Petitioner moved an application before the SC for a transfer of that divorce case to Hyderabad, where she way staying. On 28.08.2015, there was a request for an amicable settlement.
The Respondent-Husband agreed to pay Rs. 12.5 Lakhs to the Petitioner. But only at the time of the decree for divorce. The Petitioner filed additional documents before the SC disclosing that she is suffering from a life threatening disease. She had agreed to her Husband’s offer “in order to save her life by getting money.” The SC duly considered that a decree for divorce could wait its turn; described a wife as half the body of her husband and ordered that Rs. 5 Lakhs be paid to the Petitioner within 7 days.
Whether or not the Petitioner is fully cured of the disease, The Family Court, Hyderabad shall take up the divorce case after 6 months.
The cost of the treatment of the Petitioner may well go beyond the Rs. 12.5 Lakhs her Husband has agreed to pay. The Respondent-Husband should have to pay more to the Wife, eventually. Meeting her medical expenses is merely his ‘pre-existing duty‘.